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 Posted: Wed Feb 29th, 2012 02:06 pm
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Texas Defender wrote: Hank C-

  You can take the view that by not acting, the Legislative Branch acted, if you wish. I cannot say if that was because they, too, were intimidated by seeing how the Chief Justice was treated, or because they didn't wish to take on their new president when a war was breaking out. At any rate, they looked the other way.

  In the end, however, the Legislative Branch did not cede their Constitutional power to the Executive. They reasserted it by officially suspending Habeas Corpus in 1863. It can be maintained that if they thought that the President had the power to suspend Habeas Corpus on his own, there would have been no need for the Congress to do it themselves later.

Even though Congress officially suspended habeas corpus in 1863, Lincoln made it clear it didn't matter if they did or not because he believed he had to power to suspend it himself.

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